Decision details

That the Maids Moreton Neighbourhood Plan meets the Basic conditions subject to modifications set out in the Examiner’s report and therefore should proceed to a referendum, also that the referendum area should be the same as the neighbourhood area.

The Council has reviewed the Examiner’s report and concludes that the modifications proposed by the Examiner are valid in that they meet the Basic Conditions.

The Neighbourhood Planning (General) Regulations 2012 (as amended) requires under Regulation 18 for the Local Planning Authority to outline what action to take in response to the recommendations of an Examiner made in a report

The regulations provide that where the Council disagrees with the Examiner’s decision made in his report the Council has to re-consult, however this provision is not necessary as the council don't disagree with the Examiners recommendations.

Having considered each of the recommendations made by the Examiner in the Examiners report and the reasons for them, the Council has decided to accept the Examiner’s modifications to the Neighbourhood Plan. The Parish Council have accepted the Examiners recommendations and that the Neighbourhood Plan referendum version should be the submitted Neighbourhood Plan as modified by the Examiner.

The Council is satisfied that subject to those modifications which it considers should be made to the Plan, the Plan meets the Basic Conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990, is compatible with the Convention Rights and complies with the provision made by or under 61E(2), 61J and 61L of the said Act.

As a result of the above, the Plan as modified should proceed to Referendum.

Under the regulations once an examiners report had been received the Local planning Authority (Buckinghamshire Council) has to consider each of the examiners recommendations and come to a view on them it also has to decide if the referendum area should be the same as the neighbourhood area. in theory the council can disagree with an examiners recommendations but would have to give valid reasons and then consult on the proposed disagreement. as the council agreed with the examiners recommendations there were no alternatives that could be followed.